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Adversarial justice systems

Adversarial justice systems start with what law is broken, who broke it, and how to punish the offender. Restorative justice policies ask what harm was done, how to repair the harm, and who's responsible for repairing the harm. How do we incorporate restorative justice policies into resolving the issues of our young people in the home, schools, the community, and the juvenile system?

Full Answer Section

In Schools:

Peer Mediation:Trained student mediators can facilitate discussions between students involved in conflict. This allows them to express their feelings, understand each other's perspectives, and collaboratively develop solutions (e.g., apology, community service together).
Restorative Circles:Circles can be used to address bullying or classroom disruptions. The facilitator guides a discussion where everyone involved has a voice to share their experiences and work towards repairing the harm to the school community (e.g., anti-bullying presentations, community service projects).

In the Community:

Community Conferencing:Similar to family conferencing, this involves the young person, victim, community representatives (e.g., neighborhood leader, social worker), and potentially law enforcement. The focus is on understanding the behavior, its impact, and how the young person can contribute to repairing the harm (e.g., attending anti-violence workshops, community service focused on the impacted area).

In the Juvenile Justice System:

Victim-Offender Mediation:Trained facilitators guide a communication session between the young offender and the victim of their crime. This allows the victim to express their hurt and needs, and the offender to take responsibility and potentially make amends (e.g., restitution, community service benefiting the victim).

Challenges and Considerations:

Training:Implementing restorative justice requires training facilitators, educators, and community members.
Offender Accountability:Restorative justice shouldn't replace appropriate consequences, but rather complement them.
Victim Participation:Not all victims may be comfortable participating or may need support to do so.

Benefits:

Reduced Recidivism:Studies suggest restorative justice can decrease the likelihood of repeat offenses.
Focus on Repair:It emphasizes repairing harm and fostering accountability, ultimately building stronger relationships.
Empowerment:It gives young people a voice and encourages them to take responsibility for their actions.

By incorporating restorative justice practices across these settings, we can create a more holistic approach to addressing issues faced by young people, promoting accountability, repair, and positive transformation.

Sample Answer

Here's how restorative justice policies can be incorporated into resolving issues faced by young people in various settings:

In the Home:

Family Group Conferencing: When a child misbehaves at home, parents can facilitate a discussion involving the child, the victim (sibling or parent), and potentially an extended family member or trusted adult. This allows the child to understand the impact of their actions, apologize, and participate in creating a plan to repair the harm (e.g., extra chores, writing a letter expressing remorse).